In victims assistance proceedings under the Crimes (Victims Assistance) Act (NT), where injury arises from a motor vehicle accident, the applicant must establish not merely that the offender was committing an offence at the time of the collision, but that the offence causally contributed to the collision. The 'but for' test is insufficient; causation must be assessed by reference to common sense and experience. Where the cause of a collision is unknown, the mere fact that the other driver was intoxicated does not establish the required causal connection. The question of whether driving under the influence simpliciter constitutes a dangerous act under s 154(1) of the Criminal Code was left open.
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